What is gambling?

The following information is for your reference:

[Interpretation]

Gambling crime refers to the act of gathering people to gamble, opening casinos or taking gambling as a business for the purpose of making profits.

[Criminal Law Provisions]

Article 18 of the Criminal Law Amendment (VI): Article 303 of the Criminal Law is amended to read: Whoever gathers people to gamble or gamble for the purpose of profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.

[Relevant judicial interpretation]

The Supreme People's Court's Reply on How to Convict a Deceived Person by Setting a Trap to Lure Others into Gambling and Threatening Violence (1995.1.6 Fa Fu [1995] No.8) belongs to gambling, and if it constitutes a crime, it should be convicted of gambling. If the gambler sees through the scam and demands to return the lost money, and the gambler uses violence or threatens violence and refuses to return it, he should be given a heavier punishment for gambling; If a gambler is injured or killed, he should be punished for gambling, intentional injury or intentional homicide according to law.

[Standards for filing a case for prosecution]

For the purpose of making profits, gambling in groups is suspected of one of the following circumstances, and shall be filed for prosecution:

(1) Organizing three or more people to gamble, with a total profit of more than 5,000 yuan;

(2) Organizing three or more people to gamble, and the total amount of gambling funds is more than 50,000 yuan;

(3) Organizing three or more people to gamble, and the total number of gamblers is more than 20;

(4) Organizing 10 or more People's Republic of China (PRC) citizens to gamble abroad, and collecting kickbacks and referral fees from them;

(five) other circumstances in which criminal responsibility should be investigated for gambling.

Gambling for the purpose of making profits shall be filed for prosecution.

Money and materials used as bets, money and materials exchanged for chips and money and materials won through gambling in gambling crimes belong to gambling funds. If gambling crimes are committed through the computer network, the amount of gambling money can be determined by multiplying the points bet or won on the computer network by the amount actually represented by each point.

[description]

First, "gathering people to gamble" and "opening casinos" refer to providing casinos, organizing and attracting others to participate in gambling, and I profit from them. Such people are often called gamblers. However, gamblers who gather together do not necessarily provide casinos at the same time, but casino owners must provide casinos, which is the difference between the two. "Gambling for a living" refers to those who have no proper occupation or nothing to do, hang out in casinos for a long time, indulge in gambling and make profits through gambling. Such people are usually called gamblers.

Second, whether it is for profit is the main boundary between gambling crime and non-crime.

Three, "gathering people to gamble", "opening a casino" or "gambling as a business", as long as one of them is possessed, it constitutes a gambling crime.

Four, in gambling caused a fight, causing serious injury, death or intentional homicide, should be punished as intentional injury or intentional homicide.